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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34279
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am a Irish female living in the UK since 2014. I am in a

Resolved Question:

Hello. I am a Irish female living in the UK since 2014. I am in a relationship and cohabit with an English man. I am now pregnant and worried that after the baby is born if we split up then I can be forced to have to reside in the uk and not be able to move back to Ireland due to his parental rights. My 17 year old daughter lives in Ireland with my parents and I do not want to "have to" stay in the uk as I know this man might not agree.
I am only 4 months pregnant so have time to make arrangements. Can you please advise if I were to give birth in Ireland would that change things?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Are you currently in England or Wales?

Customer: replied 1 year ago.
I live in England but am Irish. I have only lived in England since 2014.
Expert:  Harris replied 1 year ago.

Are tou married to the father?

Customer: replied 1 year ago.
No I am not married to the father. We have been living together for 6 months.
Customer: replied 1 year ago.
I am aware that if the baby is born in England then I might have a problem if I want to move back to Ireland at a later date. But what if I was to go to Ireland in my last weeks of pregnancy and give birth in Ireland and then the baby is an Irish citizen. Then if I come back to England to live, should the father and I split up at a further date will I have less problems moving back to Ireland because the baby was born there rather than if it was born in England?
Expert:  Clare replied 1 year ago.

Thank you for your question
My name is ***** ***** I shall do my best to help you

It does not matter where the child is born nor what nationality the child holds.

If the child has lived in the UK for more than six months and has a relationship with the biological father then the father can apply for an Order preventing a move until the Court has decided whether or not the move is in the best interests of the child

It will be for you to show that the benefits of your moving "home" coupled with the arrangements that your make for ongoing contact outweigh the fact that the child will lose some regular contact and time with his or her father

Please ask if you need further details

Customer: replied 1 year ago.
What if I move back to Ireland before the child is born and remain there after?
Expert:  Clare replied 1 year ago.

Then Irish law would apply

Customer: replied 1 year ago.
Which is?
Expert:  Clare replied 1 year ago.

In respect of moving abroad?

Customer: replied 1 year ago.
No. I am Irish so me moving to Ireland is me moving home as I've only lived in the UK for 2 years. What I mean is, if I was to move back to Ireland before the baby is born and have the baby in Ireland and remain in Ireland, is it possible the father could bring me to court in England that I return with the baby? Or will I be ok to stay in Ireland and the father will have to make arrangements to come to Ireland if he wants access to the child?
Expert:  Clare replied 1 year ago.

AH I see.

No he will not be able to force you to return to the UK with the child!

Customer: replied 1 year ago.
But if the baby is born in England then I would have problems if I want to move back to Ireland, correct?
Expert:  Clare replied 1 year ago.

Potentially - if the father chose to be difficult

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34279
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thank you.